Employment Non-Discrimination Act

The White House announced today that President Obama will issue an executive order protecting the employees of federal contractors from workplace discrimination on the basis of sexual orientation and gender identity. According to the White House, it is an action rooted in the principle that “your ability to get ahead should be determined by your hard work, ambition, and goals – not by the circumstances of your birth, your sexual orientation or gender identity.”

The upcoming executive order, which ThinkProgress characterizes as “the single largest expansion of LGBT workplace protections in our country’s history,” could protect up to 16 million workers — a major step forward for LGBT equality and for basic fairness in the workplace. But even as we celebrate the anticipated expansion of protections, it’s important to remember that our country still needs a federal law like the Employment Non-Discrimination Act (ENDA) to protect LGBT workers across the country — not just those who work for federal contractors — from employment discrimination. In addition to covering more workers, ENDA would not be at risk of being undone by a future president, as the upcoming order may be.

No one should be forced to choose between risking their job and hiding who they are or who they love.

Six months ago today, the Senate passed the Employment Non-Discrimination Act (ENDA), legislation that would make it illegal to fire, refuse to hire, or refuse to promote someone because of who they are or who they love. Despite the fact that the majority of states’ laws leave lesbian, gay, bisexual, and transgender (LGBT) workers unprotected – and the fact that most Americans believe that this workplace discrimination is wrong – House GOP leadership continues to stand in the way of progress.

Why are they ignoring the will of the people and blocking LGBT Americans from fundamental rights? You can help put the pressure on Congress to pass ENDA by sharing our brand new infographic:

Eighteen years later, five after his passing, we are still working to complete the mission that Senator Kennedy laid before the nation. We are keeping the pressure on all of Congress to pass ENDA.
The time is now!

Senators who stood on the right side of history and voted for passage should be thanked. Senators who stood with anti-gay extremists should hear your disappointment. There are more instructions here and here, and you can always reach them by dialing 202-224-3121.
As we move on to the House, if you have not added your name already, sign our petition now to keep the pressure on all of Congress to pass ENDA.
The time is now!

The final Senate votes on ENDA will take place tomorrow, starting at 11:45 am EST. Now is your last chance to call your senators. There are more instructions here and here, and you can always reach both of them by dialing 202-224-3121. Don’t forget to sign our petition.
The time is now – say yes to common sense and no to anti-gay extremists – pass ENDA!

Today's speeches have already begun, and amendment votes are also in progress. Please keep calling the Senate. There are more instructions here and here, and you can always reach both of your senators by dialing 202-224-3121. Don’t forget to sign our petition.
The time is now – say yes to common sense and no to anti-gay extremists – pass ENDA!

From letters to alerts and more, the entire PFAW family has been working on ENDA. We still need your help. Please keep calling the Senate as this week's debate continues. There are more instructions here and here, and you can always reach both of your senators by dialing 202-224-3121. Don’t forget to sign our petition.
The time is now – say yes to common sense and no to anti-gay extremists – pass ENDA!

The following is a guest post by Rev. Dorothy Chaney, a licensed Baptist minister in Miami and a member of People For the American Way’s African American Ministers in Action.

I have lived in Florida all my life, but here’s something I didn’t always know: in my state, you can be fired for being gay.

It’s true – although most of us don’t realize it. Here in Florida, we lack both a state and federal law protecting gay, lesbian, bisexual, or transgender (LGBT) employees from workplace discrimination. That means that even if you are the most dedicated employee – always on time, always going that extra mile – you can still be fired because of who you are or who you love.

That’s not right.

Why? First of all, because ensuring that all of us have the opportunity to provide for our families is a core American value. Passing a bill in Congress called the Employment Non-Discrimination Act would help make sure that LGBT workers across the country are protected from workplace mistreatment. It’s simple – if you work hard, you shouldn’t be fired because of attributes that have nothing to do with your work performance.

Second, my religious beliefs mean I am dedicated to supporting those in need. As Bishop Gene Robinson pointed out in 2011, “The scriptures of the Old and New Testaments are filled with admonitions that we will be judged by the way we treat our most vulnerable members.” He wrote that we are “morally bound” to take care of those who are marginalized, such as LGBT Americans.

He’s right. As a Christian minister, I have worked for many years to lift up those most vulnerable in our communities, from counseling women facing unplanned pregnancies to speaking out in support of those needing access to health care. I have come to see that in order to continue my work for justice, I also need to speak out in support of employment protections for LGBT members of my community. Though faith traditions and leaders may have differing beliefs about sexuality, surely we can agree that every person should be treated with dignity in their place of work. Every person should be able to be open about who they are without fearing for their job.

Finally, not only is passing ENDA the moral thing to do, it’s also the popular thing to do. That’s true here in Florida and also across the country. New polling estimates that more than 60% of Floridians support ENDA.

Unfortunately, those who don’t support these protections are using dishonest arguments to try to mislead the public about the legislation. Tony Perkins of the Family Research Council, for example, has claimed that if ENDA is passed, “Our freedom of religion will be destroyed.” This is certainly not true. The ENDA bill even carves out a specific exemption so it will not apply to religious corporations, societies, associations, and schools. The fact is, it goes the extra mile to protect religious liberty, and it is supported by a broad array of religious groups. The bottom line is that ENDA is in no way an attack on religious liberty any more than existing anti-discrimination laws are.

Others are using repugnant arguments in an attempt not just to defeat the bill, but to attack and malign LGBT members of my community. Last year, Andrea Lafferty of the Traditional Values Coalition went as far as using the Newtown tragedy in a misguided attempt to turn public opinion against ENDA. Referencing a school district anti-discrimination policy in nearby Orange County, Florida, Lafferty argued that while parents are concerned about “protecting our children” in the wake of the Newtown shooting, they should be worried about ENDA’s “devastating effects” as “people with some real issues [play] out their personal problems in the classroom.” These kinds of lies about our LGBT neighbors underscore why the discrimination protections are needed in the first place.

It is my hope that all of our elected officials will choose to stand on the side of pro-equality majorities rather than with those pushing hurtful lies about LGBT Americans. I was heartened to see that Sen. Nelson has signed on as a cosponsor. Now it’s time for Sen. Rubio to step up to the plate, as well.

Because at the end of the day, discrimination is discrimination. It has no place in our hearts and no place in our workplaces.

UPDATE: Following the Senate's successful 64-32 vote to pass ENDA on 11/07/2013, PFAW and AAMIA sent their support letters to the House. YEO Action, now with 34 members, and YP4 action, now with 51 members and allies, did the same.

ENDA and workplace fairness for all have a clear majority on their side, but every vote is still critical. Thank those already in support for protecting LGBT workers. Tell those who aren't yet on board to say yes to common sense and no to anti-gay extremists.

The government may be shut down, but Congress is still on the job, and we need to show them that they need to get back to work not only on the budget but on all of the urgent issues that we care about.

First introduced in 1994, ENDA has been introduced in every subsequent session of Congress except one, including its introduction this April by a bipartisan group of lawmakers in the House and Senate. Advocates in Congress and on the ground believe that the growing momentum surrounding LGBT equality should help ENDA move forward this year.

An “overwhelming majority” of Americans support federal legislation protecting LGBT people from workplace discrimination, new data from Republican pollster Alex Lundry finds – including a majority (56%) of Republican voters. In fact, the Employment Non-Discrimination Act (ENDA) is so in keeping with basic American values that eight in ten people think that it is already on the books, according to the poll.

While past polling has shown that most Americans support workplace protections for LGBT people, this poll sought to gauge support levels across all fifty states specifically for federal legislation:

An innovative statistical modeling method…allows us to estimate support for ENDA in all 50 states by combining data from our national survey with state level census data. The result? We estimate that across all 50 states a majority of voters support passing federal nondiscrimination protections.

Politico’s Maggie Haberman writes that the new data comes as Senate Majority Leader Harry Reid seeks more Republican support for the bill and as advocates urge Congress to move it forward this fall.

As we have noted in the past, passing ENDA is simply common sense. Employees should be evaluated on how well they do their job, not on who they are or who they love. And as poll numbers increasing show, Americans from all parts of the country of all political stripes agree.

This critical piece of anti-discrimination legislation would make it illegal to make employment decisions – hiring, firing, promotion, or compensation – based on a person’s sexual orientation or gender identity.

Last Tuesday Delaware Governor Jack Markell wrote that in his state, it is high time “our laws reflect our values.” The bill in question was the Gender Identity Nondiscrimination Act of 2013, which adds gender identity to the state’s hate crime prevention and non-discrimination laws. As Gov. Markell pointed out,

“Under our State's laws, it is currently legal to fire someone, deny them housing, or throw them out of a restaurant simply because they are transgender. This is simply not the Delaware way…”

And it’s not the American way. With bipartisan support in the state House and Senate, the bill passed the Delaware legislature and was signed into law by Gov. Markell Wednesday evening, making Delaware the 17th state with an employment non-discrimination law covering gender identity in addition to sexual orientation.

This is a profound victory for transgender Delawareans like Jay Campbell, who has so far felt unable to come out in his workplace. Campbell told the News Journal of Wilmington earlier this month,

“Without basic protection from discrimination, I can’t afford to tell my employer. I can’t obtain health coverage for the fear I’ll be outed and fired.”

Campbell shares this concern with other transgender – as well as lesbian, gay, and bisexual – people across the country. In the majority of U.S. states, it remains legal to fire someone for being LGBT. This means that far too many people find themselves forced to choose between risking their livelihoods and undertaking the painful work of hiding who they are, day after day.

Today’s victory in Delaware underscores the need for employment protections for LGBT workers in every state through the Employment Non-Discrimination Act. This common-sense solution would help ensure that employees like Campbell are judged by how well they do their job, not by who they are or who they love.

Yesterday afternoon the Delaware Senate passed a historic civil rights bill adding gender identity to the state’s hate crime prevention and non-discrimination laws. Despite damaging lies about transgender Americans pushed by organizations like Focus on the Family and the Delaware Family Policy Council, the state Senate approved the bill in an 11-7 vote.

“The Senate vote today inspired a lot of hope in me and I’m sure that’s true for many other transgender people across Delaware. It was inspiring to see a majority of the Senators stand up for a group that has seen disproportionate levels of discrimination and violence.”

If enacted, Delaware will become the 17th state with an employment non-discrimination law that covers gender identity in addition to sexual orientation.